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Violations of the requirements of this chapter shall be addressed through the Town Marshal's Department as follows:
(A) When a public nuisance is found to exist, the Town Marshal's Department shall notify the property's owner to abate the nuisance according to applicable law.
(B) The written notice to abate shall be served upon an owner by a law enforcement officer by personal service, by certified mail, or by a "notice" placard conspicuously posted on the property with a copy of the notice being sent by regular first class United States mail, postage prepaid, granting a minimum of ten calendar days to abate the nuisance. That notice shall state the nature of the nuisance and the penalty for neglect or refusal to abate the nuisance. That notice shall also contain: the address and the telephone number of the Marshal's office, and a conspicuous notification that if the nuisance is not abated within ten calendar days of that notice, the town may abate the nuisance and seek recovery of its costs.
(C) Within ten calendar days of receipt of a notice to abate, the owner may notify the town in writing of any specific objection to that notice. No further abatement action shall be pursued until such action is directed by the Town Council.
(D) If after the expiration of those ten days the public nuisance continues unabated, and either no such objection has been made or an objection has been made and considered by the Council and the
Council has so directed, further action shall be taken to abate that nuisance in accordance with this chapter.
(E) For nuisance violations under IC 36-7-10.1, Removal of Weeds and Rank Vegetation, if the initial notice of violation was provided by certified mail, return receipt requested, or an equivalent service permitted under IC 1-1-7 to:
(1) The owner of record of real property with a single owner; or
(2) At least one of the owners of real property with multiple owners;
at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, then a continuous abatement notice may be posted at the property at the time of abatement, which will serve as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of violation was provided may be abated by the town without any additional notice to the property owner, at the property owner’s expense, as provided in this chapter.
(Ord. 2004-11, passed 10-25-04; Am. Ord. 2012-5, passed 7- - 12)